Employment Tribunals facing ‘perfect storm’ of rising demand at time of limited capacity, says Citizens Advice

New analysis of employment tribunal data finds backlog of cases caused by coronavirus pandemic could rise to more than half a million by Spring 2021

Employment Tribunals are facing a 'perfect storm' of rising demand at a time of limited capacity, according to a new report from Citizens Advice.

In Tribunal trouble - How a backlogged tribunal system is stopping people enforcing their rights, Citizens Advice analyses HM Courts & Tribunals Service (HMCTS) weekly management information and finds that the backlog of single employment tribunal claims has grown at a rate of around 1 per cent a week throughout the coronavirus (COVID-19) pandemic - reaching almost 40,000 by the end of September 2020 - and estimates that, if the same quarterly increase for single and multiple claims shown in the HMCTS quarterly tribunal statistics for April to June 2020 continues, overall outstanding claims will surpass 500,000 by Spring 2021.

Highlighting also that three in ten unfair dismissal cases are being withdrawn as workers face a 34-week wait for a decision, Citizens Advice says that, while it welcomes the government's decision to open three temporary ‘Nightingale Courts’ to hear employment tribunal claims, further urgent action is needed to ensure that the employment tribunal system can cope with the pressures of the pandemic, including -

• an increase in funding to allow employment tribunals to build capacity for video hearings and coronavirus-secure in-person hearings where appropriate; and
• the fast-tracking of plans to create a single enforcement body for employment rights and ensure it has the remit and resources to improve redundancy processes.

Commenting on the report, Citizens Advice Chief Executive Gillian Guy said -

'Employment tribunals ensure workers' rights are protected in some of the most serious cases, but right now they are facing the perfect storm of rising demand at a time of restricted capacity.

We know that disabled people, those asked to shield, and parents and carers are at greater risk of redundancy. But if they want to challenge an unfair dismissal or discrimination they already face waiting nine months for their case to be heard, and the pandemic is only going to increase this.

Workers who have been treated unfairly need to know employers that break the rules will no longer have lengthy waiting times on their side. Employment tribunals need more emergency funding, and ultimately workers need a one-stop shop to protect their employment rights.'

For more information, see Employment tribunal claims backlog set to pass half a million due to Covid, warns Citizens Advice from citizensadvice.org.uk